Title XLII, Estates and Trusts

Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. The reinvestment of any property to which these sections apply in real property located in this state which is or becomes real or personal …

Sections 732.216-732.228 do not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.History.—s. 13, ch. 92-200.

For purposes of ss. 732.216-732.228, the term “homestead” refers only to property the descent and devise of which is restricted by s. 4(c), Art. X of the State Constitution.History.—s. 14, ch. 92-200.

Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject of these sections among those states which enact them.History.—s. 15, ch. 92-200.

When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:(1) Provision …

When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator’s property equivalent to a child’s part by way of advancement, the child shall receive a share of the estate equal i…

(1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with …

(1) As provided by the State Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children.(2) For the…

(1) If the owner of homestead property transfers an interest in that property, including a transfer in trust, with or without consideration, to one or more persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015, and the int…

(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property…

In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent’s lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in mon…

Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 41, ch. 2001-226.Note.—Created from former s. 731.04.

Every will must be in writing and executed as follows:(1)(a) Testator’s signature.—1. The testator must sign the will at the end; or2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.(b)…

(1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and e…

(1) Any person competent to be a witness may act as a witness to a will.(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.History.—s. 1, ch. 74-106; s. 22, ch. 75-220; s. 1, ch. 77-174; s. 268, ch. 79-400.

A will or codicil, or any part of either, is revoked:(1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency.(2)…

A will or codicil, other than an electronic will, is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocat…

(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will.(2) Any provision of a will that affects the tes…

(1) The revocation by the testator of a will that revokes a former will shall not revive the former will, even though the former will is in existence at the date of the revocation of the subsequent will.(2) The revocation of a codicil to a will does not revoke the will, and, in t…

The revocation of a will revokes all codicils to that will.History.—s. 1, ch. 74-106; s. 113, ch. 75-220.Note.—Created from former s. 731.16.

The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.History.—s. 1, ch. 74-106; s. 113, ch. 75-220.Note.—Created from former s. 731.17.

If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills.History.—s. 1, ch. 74-106; s. 113, ch. 7…

(1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.(2) A will may dispose of property by reference to acts and events which have …

(1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will.(2) The …

The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other event must happen before a devise vests.History.—s. 1, ch. 74-106; ss. 28, 113, ch. 75-220; s. 964, ch. 97-102; s. 47, ch. 2001-226.Note.—Created fr…

A written statement or list referred to in the decedent’s will shall dispose of items of tangible personal property, other than property used in trade or business, not otherwise specifically disposed of by the will. To be admissible under this section as evidence of the intended …

A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. If the revocation of a will, or any part th…

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.History.—s. 1, ch. 74-106; s. 113, ch. 75-220.

An action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator.History.—s. 17, ch. 92-200; s. 7, ch. 2011-183.

As used in ss. 732.521-732.525, the term:(1) “Audio-video communication technology” has the same meaning as provided in s. 117.201.(2) “Electronic record” has the same meaning as provided in s. 668.50.(3) “Electronic signature” means an electronic mark visibly manifested in a rec…

For purposes of the execution or filing of an electronic will, the acknowledgment of an electronic will by the testator and the affidavits of witnesses under s. 732.503, or any other instrument under the Florida Probate Code:(1) Any requirement that an instrument be signed may be…

An electronic will is self-proved if:(1) The acknowledgment of the electronic will by the testator and the affidavits of the witnesses are made in accordance with s. 732.503 and are part of the electronic record containing the electronic will, or are attached to, or are logically…

(1) To serve as a qualified custodian of an electronic will, a person must be:(a) Domiciled in and a resident of this state; or(b) Incorporated, organized, or have its principal place of business in this state.(2) A qualified custodian shall:(a) In the course of maintaining custo…

(1) A qualified custodian shall:(a) Post and maintain a blanket surety bond of at least $250,000 to secure the faithful performance of all duties and obligations required under this part. The bond must be made payable to the Governor and his or her successors in office for the be…

(1) An electronic will that is filed electronically with the clerk of the court through the Florida Courts E-Filing Portal is deemed to have been deposited with the clerk as an original of the electronic will.(2) A paper copy of an electronic will which is certified by a notary p…

(1) The intention of the testator as expressed in the will controls the legal effect of the testator’s dispositions. The rules of construction expressed in this part shall apply unless a contrary intention is indicated by the will.(2) Subject to the foregoing, a will is construed…

Unless a contrary intention appears in the governing instrument:(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of …

(1) Unless a contrary intent appears in the will, if a devisee who is a grandparent, or a descendant of a grandparent, of the testator:(a) Is dead at the time of the execution of the will;(b) Fails to survive the testator; or(c) Is required by the will or by operation of law to b…

(1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.(2) Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reaso…

(1) If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to:(a) As much of the devised securities as is a part of the estate at the time of the testator’s death.(b) Any additional or other secur…

(1) If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award…

A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to include the prope…

The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock.History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s.…

Property that a testator gave to a person in the testator’s lifetime is treated as a satisfaction of a devise to that person, in whole or in part, only if the will provides for deduction of the lifetime gift, the testator declares in a contemporaneous writing that the gift is to …

Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes.History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 35, ch. 2006-217.

Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will…